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Judgment
S.K. Mishra, J.
This transfer petition has been filed by the Petitioner-wife for transfer of C.P No.36 of 2026, filed by the Opposite Party-husband, pending in the Court of learned Judge, Family Court, Jagatsinghpur, to the Court of learned Judge, Family Court, Cuttack on the grounds detailed in the transfer petition.
Though, being noticed, the Opposite Party-husband has appeared in the present case, but, no written objection has been filed opposing to the prayer for transfer till date. However, on consent of learned Counsel for the parties so also permitting the learned Counsel for the Opposite Party-husband to have his oral objections, the transfer petition is taken up for hearing and disposal at the stage of admission.
Heard Learned Counsel for the parties.
Reiterating the grounds urged in the transfer petition, learned Counsel for the Petitioner-wife submits, the Petitioner has filed application under Section 13(1)(ia)(ib) of the Hindu Marriage Act, 1955 seeking for a decree of divorce on the grounds of cruelty and desertion, which is pending before the learned Judge, Family Court, Cuttack, being registered as C.P. No.981 of 2025. Being noticed, the Opposite Party-husband has appeared in the said case at Cuttack. Further, after getting notice in the said case, the Opposite Party-husband intentionally, to harass the Petitioner, has filed C.P. No.36 of 2026 under Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal life before the learned Judge, Family Court, Jagatsinghpur. That apart, as per the settled position of law, both the proceedings should be tried together to avoid multiplicity of proceedings and conflicting of judgments.
Learned Counsel for the Petitioner-wife further submits, the Petitioner-wife is working as a Staff Nurse at HCG Panda Cancer Centre, Telengapentha, Cuttack and is staying at Cuttack. The said post of Staff Nurse is an essential medical service requiring the Petitioner’s consistent and regular attendance. If she is compelled to appear before the learned Judge, Family Court, Jagatsinghpur, it would cause extreme physical hardship and financial loss due to absence from duty and disruption of essential medical services, which is being provided by the Petitioner. That apart, the distance from Cuttack to the Court of learned Judge, Family Court, Jagatsinghpur would be around 46.8 kilometers and she being a lady, it would be difficult for her to travel such a distance on each date. Further, the Petitioner reasonably apprehends threat to her safety and security at Jagatsinghpur in view of the past conduct of the Opposite Party-husband particularly, assault committed by him on 25.01.2025 at Petitioner’s hostel at Cuttack, when he slapped her demanding Rs.1 lakh as detailed in the divorce petition, thereby exposing the Petitioner to avoidable risk and indignity.
To substantiate the prayer made in the transfer petition, learned Counsel for the Petitioner relies on the judgment of the Supreme Court in Sumita Singh Vs. Kumar Sanjay and another, reported in AIR 2002 SC 396 and submits that convenience of wife must be looked at.
Per contra, denying all the allegations made in the transfer petition, learned Counsel for the Opposite Party-husband submits, at the instance of the Petitioner, G.R. Case No.1373 of 2025 is now pending before the Court of learned J.M.F.C., Jagatsinghpur. Further, the Opposite Party-husband is managing his livelihood by doing private tuitions at Jagatsinghpur and with a meager income, he is also managing the expenses of his old ailing father. It would be difficult on his part to attend the day to day proceeding at Cuttack. Learned Counsel for the Opposite Party further submits, the allegation that C.P. No.36 of 2026 has been filed intentionally to harass the Petitioner-wife is incorrect. Rather, he is ready and willing to take her back and lead a happy conjugal life.
Law is well settled that, while dealing with transfer petitions in matrimonial cases, convenience of the wife must be looked at and proceedings involving common question of fact and law to be tried together. In N.C.V. Aishwarya Vs. A.S. Saravana Karthik Sha, reported in 2022 SCC OnLine SC 1199, the Supreme Court held as follows:
“9.The cardinal principle for exercise of power under Section 24 of the Code of Civil Procedure is that the ends of justice should demand the transfer of the suit, appeal or other proceeding. In matrimonial matters, wherever Courts are called upon to consider the plea of transfer, the Courts have to take into consideration the economic soundness of both the parties, the social strata of the spouses and their behavioural pattern, their standard of life prior to the marriage and subsequent thereto and the circumstances of both the parties in eking out their livelihood and under whose protective umbrella they are seeking their sustenance to life. Given the prevailing socio-economic paradigm in the Indian society, generally, it is the wife’s convenience which must be looked at while considering transfer.
10.Further, when two or more proceedings are pending in different Courts between the same parties which raise common question of fact and law, and when the decisions in the cases are interdependent, it is desirable that they should be tried together by the same Judge so as to avoid multiplicity in trial of the same issues and conflict of decisions.” (Emphasis supplied)
After going through the pleadings made in the transfer petition so also taking note of the contentions made by learned Counsel for the parties and the settled position of law and the admitted fact that the Opposite Party has appeared in C.P No.981 of 2025, now pending before the Judge, Family Court, Cuttack and contesting the said case at Cuttack, this Court is inclined to allow the prayer made in the transfer petition in C.P No.36 of 2026.
Accordingly, the learned Judge, Family Court, Jagatsinghpur is directed to transmit the case record in C.P No.36 of 2026 to the Court of learned Judge, Family Court, Cuttack at the earliest, preferably within a week from the date of production of certified copy of this judgment.
It is made clear that after receiving the case record from the Court of learned Judge, Family Court, Jagatsinghpur, learned Judge, Family Court, Cuttack shall re-register the said case, if so required, and make an endeavour for resolving the disputes and differences between the parties through conciliation/mediation . If the conciliation becomes unsuccessful, the learned Judge, Family Court, Cuttack shall do well to try both the proceedings, i.e., C.P. No.981 of 2025 so also C.P. No.36 of 2026, together and proceed further in accordance with law giving due opportunity to both the parties.
The learned Judge, Family Court, Cuttack is requested to explore the facilities of Video Conferencing available in the said Court and permit the parties to appear before him through virtual mode following due procedure, as prescribed under the Orissa High Court Video Conferencing for Courts Rules, 2020, if so prayed by any of the parties. However, on the dates of effective hearing, i.e., for examination and cross-examination of witnesses and other purposes, for which their presence may be required by the Court and if it is so ordered, the parties shall remain physically present before the learned Judge, Family Court, Cuttack.
To avoid delay and notice, the parties are directed to make a query themselves or through their Counsel regarding the date and purpose of posting of C.P No.36 of 2026 and attend the Court of the learned Judge, Family Court at Cuttack. Both the parties are further directed not to seek for unnecessary adjournments and cooperate with the Judge, Family Court, Cuttack, who shall do well to conclude the proceedings in C.P No.981 of 2025 so also C.P. No.36 of 2026 at the earliest.
With the said observation and direction, the transfer petition stands disposed of.
Interim order, if any, stands vacated.
Office is directed to communicate a copy of this judgment to the Court of learned Judge, Family Court, Jagatsinghpur so also the learned Judge, Family Court, Cuttack for compliance.
Urgent certified copy of this judgment be granted on proper application as per rules.